Or. Admin. Code § 340-095-0020 - Operating Criteria
(1) Except as
otherwise provided in OAR 340 division 95, any person who maintains or operates
any non-municipal land disposal site must do so in conformance with the
operating requirements of this rule.
(2) Permitted Wastes. Only the waste types
listed in the solid waste permit or the operations plan, or wastes previously
approved by the Department in writing, may be accepted for disposal. In certain
cases the Department may also require approval of the source(s) of the waste.
Written requests for authorization to accept additional waste types shall be
submitted to and approved by the Department prior to disposal of such waste.
Approval of requests for authorization for one-time disposal may be granted by
the Department in writing. Requests for authorization for more than one-time
disposal shall require a permit modification by the Department. Requests for
authorization to accept additional waste types shall include the following
information:
(a) Waste characterization with
detailed physical and chemical characteristics of the waste type such as
percent solids, results of the paint filter test, Toxicity Characteristic
Leaching Procedure ("TCLP') results, polychlorinated biphenyl content, and test
results for ignitability, reactivity, corrosivity, etc., as
appropriate;
(b) The approximate
volume of waste to be disposed of on a daily and yearly basis;
(c) The source of the wastes and a
description of the processes which generated the waste;
(d) Special handling and disposal procedures,
to be incorporated into the Special Waste Management Plan pursuant to
subsection (3)(j) of this rule.
(3) Operations Plan. Each permittee shall
maintain a detailed operations plan which describes the proposed method of
operation and progressive development of trenches and/or landfill lifts or
cells. Said plan shall include at least the following:
(a) A description of the types and quantities
of waste materials that will be received (estimated maximum daily and average
annual quantities);
(b) A program
for detecting and preventing the disposal at the facility of regulated
hazardous wastes and polychlorinated biphenyl wastes and any other unacceptable
wastes as determined by the Department;
(c) Methods of waste unloading, placement,
compaction and covering;
(d) Areas
and/or procedures to be used for disposal of waste materials during inclement
weather;
(e) Types and weights of
equipment to be used for site operation;
(f) Detailed description of any salvaging or
resource recovery operations to take place at the facility;
(g) Such measures for the collection,
containment, treatment or disposal of leachate as may be required;
(h) Provisions for managing surface
drainage;
(i) Measures to be used
for the control of fire, dust, decomposition gases, birds, disease vectors,
scavenging, access, flooding, erosion, and blowing debris, as pertinent;
and
(j) A Special Waste Management
Plan if certain wastes are received, which due to their unique characteristics,
require special handling. Such wastes may present personnel safety hazards,
create odor and vector problems, generate excessive leachate, lead to excessive
settlement, puncture or tear the landfill liner, pose a fire hazard, or
increase the toxicity of landfill leachate. The Special Waste Management Plan
shall describe special acceptance, waste characterization, handling, storage,
recordkeeping and disposal procedures for those materials. Wastes to be
included in a special Waste Management Plan include:
(A) Cleanup materials contaminated with
hazardous substances pursuant to OAR
340-093-0170;
(B) Wastes requiring special management
pursuant to OAR 340-093-0190(1);
(C) Additional wastes authorized for disposal
by the Department pursuant to section (2) of this rule; and
(D) Large dead animals, sewage sludges and
grit, septage, industrial solid wastes and other materials which may be
hazardous or difficult to manage by virtue of their character or large volume,
unless special provisions for such disposal are otherwise approved by the
Department.
(4) Open Burning. No person shall conduct the
open burning of solid waste at a non-municipal land disposal site. The
Department may authorize the infrequent burning of land-clearing debris such as
tree stumps and limbs, brush and other wood waste, except that open burning of
industrial wood waste is prohibited.
(5) Leachate. Any person constructing,
operating or maintaining a non-municipal land disposal site shall ensure that
leachate production is minimized. Where required by the Department, leachate
shall be collected and treated or otherwise controlled in a manner approved by
the Department.
(6) Surface Water:
(a) No person shall cause a discharge of
pollutants from a non-municipal land disposal site into public waters including
wetlands, in violation of any applicable state or federal water quality rules
or regulations;
(b) Each
non-municipal land disposal site permittee shall ensure that surface runoff and
leachate seeps are controlled so as to minimize discharges of pollutants into
public waters.
(7)
Surface Drainage Control. Each permittee shall ensure that:
(a) The non-municipal land disposal site is
maintained so that drainage will be diverted around or away from active and
completed operational areas;
(b)
The surface contours of the non-municipal land disposal site are maintained
such that ponding of surface water is minimized.
(8) Endangered Species. No person shall
operate a non-municipal land disposal site in a manner that will affect
endangered species in any of the ways specified in OAR
340-095-0010(2).
(9) Gas Control:
(a) No person shall operate or maintain a
non-municipal land disposal site except in conformance with the provisions for
gas control in OAR 340-095-0030(4);
(b) Monitoring:
(A) Where the Department finds that a
non-municipal land disposal site's location and geophysical condition indicate
that there is a reasonable probability of potential adverse effects on public
health or the environment, the Department may require a permittee to provide
monitoring wells to determine the effects of the site on the concentration of
methane gas in the soil;
(B) If the
Department determines that monitoring wells are required at a non-municipal
land disposal site, the permittee shall provide and maintain the wells at the
locations specified by the Department and shall submit a copy of the geologic
log and record of well construction to the Department within 30 days of
completion of construction;
(C)
Where the Department determines that self-monitoring is practicable, the
Department may require that the permittee collect and analyze samples of gas,
at intervals specified and in a manner approved by the Department, and submit
the results in a format and within a time frame specified by the
Department;
(D) The Department may
require permittees who do self-monitoring to periodically split samples with
the Department for the purpose of quality control.
(10) Floodplains. No permittee of
a non-municipal land disposal site located in a floodplain shall allow the
facility to restrict the flow of the base flood, reduce the temporary water
storage capacity of the floodplain, or result in washout of solid waste so as
to pose a hazard to human life, wildlife or land or water resources.
(11) Cover Material. Each permittee shall
provide adequate quantities of cover material of a type approved by the
Department for the covering of deposited solid waste at a non-municipal land
disposal site in accordance with the approved operations plan, and permit
conditions and OAR 340 divisions 93 and 95.
(12) Cover Frequency. Each permittee shall
place a compacted layer of at least six inches of approved cover material over
the compacted wastes in a non-municipal land disposal site at intervals
specified in the permit. An applicant may propose and the Department may
approve alternative cover designs or procedures which are equally protective.
In evaluating such a proposal for alternative cover design, procedures or
frequency, the Department may consider such factors as the volume and types of
waste received, hydrogeologic setting of the facility, climate, proximity of
residences or other occupied buildings, site screening, availability of
equipment and cover material, any past operational problems and any other
relevant factor.
(13) Access Roads.
Each permittee shall ensure that roads from the non-municipal land disposal
site property line to the active operational area and roads within the
operational area are constructed and maintained so as to minimize traffic
hazards, dust and mud and to provide reasonable all-weather access for vehicles
using the site.
(14) Access
Control. Each permittee shall insure that the non-municipal land disposal site
has a perimeter barrier or topographic constraints adequate to restrict
unauthorized entry.
(15) Site
Screening. To the extent practicable, each permittee shall screen the active
non-municipal land disposal site area from public view by trees, shrubbery,
fence, stockpiled cover material, earthen berm, or other appropriate
means.
(16) Fire Protection:
(a) Each non-municipal land disposal site
permittee shall make arrangements with the local fire control agency to
immediately acquire their services when needed and shall provide adequate
on-site fire protection as determined by the local fire control
agency;
(b) In case of accidental
fires at the site, the operator shall be responsible for initiating and
continuing appropriate fire-fighting methods until all smoldering, smoking and
burning ceases;
(c) No operator
shall permit the dumping of combustible materials within the immediate vicinity
of any smoldering, smoking or burning conditions at a non-municipal land
disposal site, or allow dumping activities to interfere with fire-fighting
efforts.
(17) Signs.
Each permittee of a non-municipal land disposal site open to the public shall
post a clearly visible and legible sign or signs at the entrance to the
disposal site specifying the name of the facility, the hours and days the site
is open to the public, an emergency phone number and listing the general types
of materials which either will be accepted or will not be accepted.
(18) Truck Washing Facilities. Each permittee
shall ensure that any truck washing areas at a non-municipal land disposal site
are hard surfaced and that any on-site disposal of wash waters is accomplished
in a manner approved by the Department.
(19) Sewage Disposal. Each non-municipal land
disposal site permittee shall ensure that any on-site disposal of sewage is
accomplished in a manner approved by the Department.
(20) Salvage: A permittee may conduct or
allow the recovery of materials such as metal, paper and glass from the
non-municipal land disposal site only when such recovery is conducted in a
planned and controlled manner approved by the Department in the facility's
operations plan.
(21) Litter:
(a) Each permittee shall ensure that
effective measures such as compaction, the periodic application of cover
material or the use of portable fencing or other devices are taken to minimize
the blowing of litter from the active working area of the non-municipal land
disposal site;
(b) Each
non-municipal land disposal site operator shall collect windblown materials
from the disposal site and adjacent property and properly dispose of same at
sufficient frequency to prevent aesthetically objectionable
accumulations.
(22)
Vector and Bird Control:
(a) Each permittee
shall ensure that effective means such as the periodic application of earth
cover material or other techniques as appropriate are taken at the
non-municipal land disposal site to control or prevent the propagation,
harborage, or attraction of flies, rodents, or other vectors and to minimize
bird attraction;
(b) No permittee
of a non-municipal land disposal site disposing of putrescible wastes that may
attract birds and which is located within 10,000 feet (3,048 meters) of any
airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of
any airport used by only piston-type aircraft shall allow the operation of the
landfill to increase the likelihood of bird/aircraft collisions.
(23) Weighing. The Department may
require that non-municipal land disposal site permittees provide scales and
weigh incoming loads of solid waste, to facilitate solid waste management
planning and decision making and accurate reporting.
(24) Records. The Department may require
records and reports it considers reasonably necessary to ensure compliance with
conditions of a permit, OAR 340 divisions 93 through 97 or provisions of OAR
340, divisions 90 and 91. All records must be kept for a minimum of five years.
In the case of a change in ownership of the permitted facility, the new
permittee is responsible for ensuring that the records are transferred from the
previous permittee and maintained for the required five years. At a minimum,
the following records are required:
(a) Daily
listing by load of the volume or weight of solid waste received; and
(b) Monthly and quarterly accumulations of
amounts of daily waste received.
(25) Modifications in Name or Address. The
permittee or registrant shall notify the Department of any name or address
change of the owner or operator of the facility within ten days of the change.
[NOTE: View a PDF of referenced documents by clicking on "Tables" link below.]
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 459.045, 459A.025 & 468.020
Statutes/Other Implemented: ORS 459.015 & 459.205 - 459.24
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